Illinois General Assembly - Full Text of Public Act 100-0612
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Public Act 100-0612


Public Act 0612 100TH GENERAL ASSEMBLY



Public Act 100-0612
HB1338 EnrolledLRB100 03046 RPS 13051 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Safe Pharmaceutical Disposal Act is amended
by changing Sections 5 and 10 as follows:
    (210 ILCS 150/5)
    Sec. 5. Definitions. In this Act:
    "Health care institution" means any public or private
institution or agency licensed or certified by State law to
provide health care. The term includes hospitals, nursing
homes, residential health care facilities, home health care
agencies, hospice programs operating in this State,
institutions, facilities, or agencies that provide services to
persons with mental health illnesses, and institutions,
facilities, or agencies that provide services for persons with
developmental disabilities.
    "Law enforcement agency" means any federal, State, or local
law enforcement agency, including a State's Attorney and the
Attorney General.
    "Nurse" means an advanced practice nurse, registered
nurse, or licensed practical nurse licensed under the Nurse
Practice Act.
    "Public wastewater collection system" means any wastewater
collection system regulated by the Environmental Protection
    "Unused medication" means any unopened, expired, or excess
(including medication unused as a result of the death of the
patient) medication that has been dispensed for patient or
resident care and that is in a liquid or solid form. The term
includes, but is not limited to, suspensions, pills, tablets,
capsules, and caplets. For long-term care facilities licensed
under the Nursing Home Care Act, "unused medication" does not
include any Schedule II controlled substance under federal law
in any form, until such time as the federal Drug Enforcement
Administration adopts regulations that permit these facilities
to dispose of controlled substances in a manner consistent with
this Act.
(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
    (210 ILCS 150/10)
    Sec. 10. Disposal of unused medications prohibited.
    (a) Except for medications contained in intraperitoneal
solutions, intravenous fluids, syringes, or transdermal
patches, no health care institution, nor any employee, staff
person, contractor, or other person acting under the direction
or supervision of a health care institution, may discharge,
dispose of, flush, pour, or empty any unused medication into a
public wastewater collection system or septic system.
    (b) A violation of this Section is a petty offense subject
to a fine of $500. Fines collected under this Act from
facilities licensed under the Nursing Home Care Act shall be
deposited into the Long Term Care Monitor/Receiver Fund. Fines
collected from all other health care institutions under this
Act shall be deposited into the Environmental Protection Trust
(Source: P.A. 96-221, eff. 1-1-10.)

Effective Date: 1/1/2019